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29 - Novelty, Idea or New Meaning as Criteria for Copyright Protection? Transitions in Swedish Design Law

from B - IP Overlaps

Published online by Cambridge University Press:  29 December 2020

Niklas Bruun
Affiliation:
Hanken School of Economics (Finland)
Graeme B. Dinwoodie
Affiliation:
Chicago-Kent College of Law
Marianne Levin
Affiliation:
Stockholm University Department of Law
Ansgar Ohly
Affiliation:
Ludwig Maximilian University of Munich Faculty of Law
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Summary

While the Court of Justice of the European Union (CJEU) has proclaimed a harmonized concept for the very object of copyright protection – an original work – in a fairly comprehensive bulk of decisions,2 by mainly defining a protected work as being the result of an author’s own intellectual creation, as expressed in three different EU Directives,3 some recent signs of a Swedish fall-out from that concept are in view, as will be discussed in this text, concerning artistic works and applied art. It is written in the hope that Professor Annette Kur, being a long-time observer of Nordic IP law and an esteemed link between Nordic and Continental IP law, may take some interest in those possible transitions in Swedish design law.4

Type
Chapter
Information
Transition and Coherence in Intellectual Property Law
Essays in Honour of Annette Kur
, pp. 352 - 363
Publisher: Cambridge University Press
Print publication year: 2021

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